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Home My WebLink About2021-07-13 ZBA Minutes DRAFT 1 Town of Lansing 2 Zoning Board of Appeals Meeting 3 Tuesday, July 13, 2021 6:30 PM 4 At Lansing Town Hall, 29 Auburn Road 5 Present 6 Mary Stoe 7 Judy Drake, Chair 8 Jack Young, Alternate 9 10 Excused 11 Richard Hayes 12 Peter Larson 13 Maureen Cowen 14 15 Other Staff Present 16 C.J. Randall, Director of Planning John Zepko, Planner Guy Krogh, Town Attorney 17 Heather Dries, Planning Clerk 18 19 Public Present 20 Jack Litzenberger Mahlon Perkins Kathleen Doherty Wayne & Marcia Larsen 21 Adele Gay Nicholson 22 23 General Business 24 Chair Judy Drake opened the meeting at 6:32pm. 25 26 Roll Call for Attendance: 27 Mary Stoe—Aye 28 Judy Drake—Aye 29 John Young—Aye 30 31 PUBLIC HEARING #1: 32 Consideration of an Appeal made by Jack Litzenberger of 2 Pros Construction, LLC, on behalf of 33 Ivy &Todd Allen, Owners, 48 Teeter Rd, Tax Parcel No. 37.1-7-25 located in the Residential— 34 Low Density (R1) Zoning District for an Area Variance from Town of Lansing Code § 270, 35 Schedule II which requires a 60' Minimum Yard Setback From Center of Road. Applicant is 36 seeking a 13' Area Variance from the Minimum Yard Setback to facilitate emplacement of a 37 covered porch entry. This is a Type II Action under the State Environmental Quality Review Act 38 6 NYCRR 617.5(c)(16) and 6 NYCRR 617.5(c)(17). 39 40 The above referenced appeal and its supporting documents are available for inspection at 41 https://Ifweb.tompkins-co.org/WebLink/Browse.aspx?id=52522&dbid=7&repo=Lansing Page 1 of 10 DRAFT 42 43 Motion to Open the Public Hearing for 48 Teeter Road at 6:35 pm. 44 Motioned by: Judy Drake Seconded by: Mary Stoe (Motion Carried) 45 46 Variance request discussion with the ZBA 47 Applicant Jack Litzenberger of 2 Pros Construction, LLC, was present to discuss this project. 48 49 Summary of discussion 50 - Jack Litzenberger described the project. 51 - The homeowner would like to create a safe entry for an elderly family member. 52 - The style of the entry will be similar to the style of the home. 53 54 Public Comments 55 - No public present. 56 57 Motion to Close Public Hearing for 48 Teeter Road at 6:40pm 58 Motion by: Mary Stoe Seconded by: John Young (Motion Carried) 59 60 Board Deliberation 61 - The Zoning Board members feel that the proposed entry is fitting with the other 62 structures in the area. 63 - The house is already within the setback. 64 - The Zoning Board appreciates the increased safety the entry will create. 65 66 AREA VARIANCE FINDINGS AND DECISION 67 TOWN OF LANSING ZONING BOARD OF APPEALS 68 69 BACKGROUND INFORMATION 70 71 Applicant: Jack Litzenberger Variance No: 21-03 72 2 Pros Construction, LLC Zoning District: R1 73 P.O. Box 5402 Public Hearing 74 Cortland, NY 13045 Published on 7/7/2021 75 Mailed 600' Notices 76 Property Location: 48 Teeter Rd on: 7/6/2021 77 Tax Parcel #: 37.1-7-25 78 79 Requirement for which Area Variances are requested: Town of Lansing Code (the "Code"): 80 Section 270, Schedule II: Area, Frontage, Yard, Heights and Coverage Requirements. 81 82 RESOLUTION AND FINDINGS 83 Page 2 of 10 DRAFT 84 WHEREAS,Jack Litzenberger for 2 Pros Construction, LLC, Applicant, on behalf Ivy &Todd Allen, 85 Owners, applied an Area Variance to facilitate construction of a covered porch entry on an existing 86 one-family dwelling unit; 87 88 WHEREAS, 60' Minimum Yard Setback from Center of Road is required in the Residential — Low 89 Density (R1) Zoning District and Applicant is requesting an Area Variance of 13' from the 90 Minimum Yard Setback from Center of Road requirement; and 91 92 WHEREAS,on July 13, 2021,the Town of Lansing Zoning Board of Appeals (the "ZBA")thoroughly 93 reviewed and analyzed: (i) the information and evidence submitted by the applicant in support 94 of the requested area variances; (ii) all other information and materials properly before the ZBA; 95 and (iii) the issues and impacts raised for consideration by neighbors, the public, and the ZBA; 96 and 97 98 WHEREAS, this application is classified as a Type II Action under 6 NYCRR Parts 617.5 (c)(16) and 99 (c)(17) (such that no further environmental review is required) and this matter also does not 100 require General Municipal Law §239-1, -m, and -n referral as the items are excluded per an Inter- 101 Governmental Agreement between the Tompkins County Planning Department and the Town of 102 Lansing dated December 17, 2003; and; so, upon due deliberation upon the foregoing, the 103 application, and all evidence and testimony presented to the ZBA, 104 105 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 106 107 1.The Town of Lansing Zoning Board of Appeals("ZBA") hereby makes the following findings with 108 respect to the specific criteria for area variances as set forth in Town Law§ 267-b(3)(b), and other 109 applicable provisions of law and of the Zoning Ordinance: 110 111 a. Whether an undesirable change will be produced in the character of the neighborhood or a 112 detriment to nearby properties will be created by the granting of the area variance? 113 114 Yes _ No x Findings: The Zoning Board finds the covered entry in character with the 115 neighborhood. 116 117 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for 118 the applicant to pursue, other than an area variance? 119 Yes _ No x Findings: The Zoning Board finds the size of the covered entry to be 120 appropriate. 121 122 c. Whether the requested area variance is substantial? 123 124 Yes No x Findings: The Zoning Board stated that this appeal is a 22%variance and 125 finds this to not be substantial. 126 Page 3 of 10 DRAFT 127 d. Whether the proposed variance will have an adverse effect or impact on 128 the physical or environmental conditions in the neighborhood or district? 129 130 Yes _ No x Findings: The Zoning Board finds the covered entry will improve the 131 appearance of the residence. 132 133 e. Whether the alleged difficulty was self-created? 134 135 Yes x No Findings: The Zoning Board finds that the applicant does not need to 136 install a covered entry, making this appeal self-created. 137 138 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 139 140 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the 141 following area variance is GRANTED with any conditions hereafter stated (if any), it being 142 further found and determined that (i) the benefit to the applicant outweighs any potential 143 negative impacts or detriment to the neighborhood or community; and (ii) such area variances 144 are the minimum necessary as adequate to grant relief and, at the same time, preserve and 145 protect the character of the neighborhood and the safety and welfare of the community. In 146 balancing impacts with the variance application, the placement largely within a prior footprint 147 and minimal impact on the character of the community tilt the balance in favor of granting this 148 variance, including as all but one factor favor granting the same. 149 150 DESCRIPTION OF SPECIFIC VARIANCES GRANTED: 13ft Area Variance from the Minimum Yard 151 Setback 152 153 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? 154 Yes x No 155 156 STATEMENT OF CONDITIONS: 157 1. As variances are exceptions based upon exigent need or emergency, should applicant fail 158 to avail itself of the benefits of the above-described area variances within one year from 159 the date hereof, this approval and such area variances shall expire. In cases where 160 construction may be applicable, "avail itself of the benefits" shall mean a building permit 161 obtained (if necessary) and substantial construction as commenced. Said one-year 162 approval period may be extended for good cause by the ZBA if application for an 163 extension is submitted before the expiration of the then applicable variances period. 164 2. Submission of construction plans which are substantially similar to plans submitted for this 165 application. 166 167 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS,AND RESOLUTION OF THE TOWN 168 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: Page 4 of 10 DRAFT 169 170 Motion by: John Young 171 Seconded by: Mary Stoe 172 Mary Stoe—Aye 173 John Young—Aye 174 Judy Drake—Aye 175 176 Dated: July 13, 2021 177 178 PUBLIC HEARING #2: 179 Consideration of an Appeal made by Mahlon Perkins on behalf of Shaun & Kathleen Doherty, 180 Applicants and Owners, 173 Nut Ridge Rd, Tax Parcel #1.-1-8 located in the Lakefront -with lake 181 frontage (1-1) Zoning District for an Area Variance from Town of Lansing Code § 270, Schedule II 182 which requires a 25' Minimum Rear Yard Setback. Applicant is seeking a 15' Area Variance from 183 the Minimum Rear Yard Setback to facilitate construction of a new one-family Dwelling. In 184 denying the Building Permit, both proposed new structures were determined by zoning 185 enforcement officials to be Dwelling Units. If determination is affirmed, Applicant seeks a 186 concurrent .308-acre Area Variance from the Minimum Lot Area of .918 acres (20,000 square 187 feet per dwelling unit) to facilitate construction of two (2) one-family Dwellings (1916 square 188 feet and 432 square feet, respectively). This is a Type II Action under the State Environmental 189 Quality Review Act 6 NYCRR 617.5(c)(16) and 6 NYCRR 617.5(c)(17). The above referenced 190 appeal and its supporting documents are available for inspection at https:Hlfweb.tompkins- 191 co.org/WebLink/Browse.aspx?id=52523&dbid=7&repo=Lansing 192 193 Motion to Open the Public Hearing for 173 Nut Ridge Road at 6:51 pm. 194 Motioned by: Mary Stoe Seconded by: Jack Young (Motion Carried) 195 196 Variance request discussion with the ZBA 197 Mahlon Perkins and Kathleen Doherty were present to discuss this project. 198 199 Summary of discussion 200 - Mr. Perkins explained the restrictions the septic system creates on the lot. 201 - Mr. Perkins stated that the Doherty family has considered other configurations for the 202 house to try to minimize the variance required. 203 - Mrs. Doherty stated that they considered making the home taller rather than longer, 204 but they felt that option was more imposing and dramatic, and did not fit in the 205 character of the neighborhood. The proposed layout is the best option for the space 206 requirements for their family. 207 - This will be a year-round residence. 208 - The proposed plan would see the existing garage moved away from the property line. 209 - The well may need to be moved. 210 211 Public Comments Page 5 of 10 DRAFT 212 - Wayne and Marcia Larsen were present to comment on this project. They own the land 213 behind the applicant. 214 - Mr. Larsen's concerns include: 215 o Multiple single-family homes on the lot. 216 o Parking. 217 o Future development. 218 o Septic. 219 - The Zoning Board clarified that the purpose of this meeting was to determine if the 220 second structure is a single-family dwelling or not. 221 - After discussion, Mr. Larsen said he understands the intent for this property and that he 222 no longer opposes the development of this property. 223 224 Motion to Close Public Hearing for 173 Nut Ridge Road at 7:11pm. 225 Motion by: Mary Stoe Seconded by: John Young (Motion Carried) 226 227 Board Deliberation 228 - The Zoning Board does not see an alternate configuration of the lot. 229 - The placement of the garage allows for parking to be fully within the property lines. 230 - The Health Department has recommended the proposed septic system. 231 232 AREA VARIANCE FINDINGS AND DECISION 233 TOWN OF LANSING ZONING BOARD OF APPEALS 234 235 BACKGROUND INFORMATION 236 237 Applicant: Mahlon Perkins Variances No: 21-04 238 For Shaun & Kathleen Doherty Zoning District: L1 239 P.O. Box 393 Public Hearing 240 King Ferry, NY 13081 Published on 7/7/2021 241 Mailed 600' Notices 242 Property Location: 173 Nut Ridge Rd on: 7/6/2021 243 Tax Parcel #: 1.-1-8 244 245 Requirement for which Area Variances are requested: Town of Lansing Code (the "Code"): 246 Section 270, Schedule II: Area, Frontage, Yard, Heights and Coverage Requirements. 247 248 RESOLUTION AND FINDINGS 249 250 WHEREAS, Mahlon Perkins on behalf of Shaun & Kathleen Doherty, Applicants and Owners, 251 applied for an Area Variance to construct a new 1,916 sq. ft. one-family dwelling unit that is not 252 compliant with the 25' Minimum Rear Yard Setback; and 253 254 WHEREAS, Applicant is requesting a 15' Area Variance from the Minimum Rear Yard Setback to 255 facilitate construction of a new one-family Dwelling; and Page 6 of 10 DRAFT 256 257 WHEREAS,Town zoning enforcement officials issued a written determination on July 1, 2021 that 258 the proposed replacement cabana / cabin was also a one-family Dwelling, as it contained 259 habitable space, and this was also not compliant with the .918 acre Minimum Lot Area 260 requirement in Lakeshore Zoning District (L1—with lake frontage)for construction of two (2) new 261 one-family Dwellings on the parcel; and 262 263 WHEREAS,on July 13, 2021,the Town of Lansing Zoning Board of Appeals (the "ZBA")thoroughly 264 reviewed and analyzed: (i) the information and evidence submitted by the applicant in support 265 of the requested area variances; (ii) all other information and materials properly before the ZBA; 266 and (iii) the issues and impacts raised for consideration by neighbors, the public, and the ZBA; 267 and 268 269 WHEREAS,this application is classified as a Type II Action under 6 NYCRR Part 617.5 (c)(17) (such 270 that no further environmental review is required) and this matter also does not require General 271 Municipal Law §239 -I, -m, and -n referral as the items are excluded per an Inter-Governmental 272 Agreement between the Tompkins County Planning Department and the Town of Lansing dated 273 December 17, 2003; and; so, upon due deliberation upon the foregoing, the application, and all 274 evidence and testimony presented to the ZBA, 275 276 NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS: 277 278 1.The Town of Lansing Zoning Board of Appeals("ZBA") hereby makes the following findings with 279 respect to the specific criteria for the area variance desired by applicant in respect of the findings 280 above, each as set forth in Town Law § 267-b(3)(b), and other applicable provisions of law and of 281 the Zoning Ordinance: 282 283 a. Whether an undesirable change will be produced in the character of the neighborhood or a 284 detriment to nearby properties will be created by the granting of the area variances? 285 286 Yes _ No x Findings: The applicant has considered the configuration of the home on 287 the lot to keep it within character of the surrounding properties. 288 289 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for 290 the applicant to pursue, other than area variances? 291 Yes _ No x Findings: The applicant could build something smaller, but it would not 292 meet the space requirements for their family. 293 294 c. Whether the requested area variances is substantial? 295 296 Yes x No _ Findings: The applicant is requesting a 60%variance, which is substantial. 297 298 d. Whether the proposed variances will have an adverse effect or impact on 299 the physical or environmental conditions in the neighborhood or district? Page 7 of 10 DRAFT 300 301 Yes _ No x Findings: It will be an environmental improvement. 302 303 e. Whether the alleged difficulty was self-created? 304 305 Yes _ No x Findings: Previous requirements allowed for the lot to be configured 306 differently. With adding a complete septic and other improvements,there are restrictions to the 307 way this lot can be configured. 308 309 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 310 311 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the 312 following area variances are GRANTED, with any conditions hereafter stated (if any), it being 313 further found and determined that (i) the benefit to the applicant outweighs any potential 314 negative impacts or detriment to the neighborhood or community; and (ii) such area variances 315 are the minimum necessary as adequate to grant relief and, at the same time, preserve and 316 protect the character of the neighborhood and the safety and welfare of the community. In 317 balancing impacts with the variance application, the placement largely within a prior footprint 318 and minimal impact on the character of the community tilt the balance in favor of granting this 319 variance, including as all but one factor favor granting the same. 320 321 DESCRIPTION OF SPECIFIC VARIANCES GRANTED: 15ft Area Variance from the Minimum Rear 322 Yard Setback for construction of a single-family dwelling. 323 324 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? 325 Yes x No 326 327 STATEMENT OF CONDITIONS: 328 329 1. As variances are exceptions based upon exigent need or emergency, should applicant fail 330 to avail itself of the benefits of the above-described area variances within two years from 331 the date hereof, this approval and such area variances shall expire. In cases where 332 construction may be applicable, "avail itself of the benefits" shall mean a building permit 333 obtained (if necessary) and substantial construction as commenced. Said one-year 334 approval period may be extended for good cause by the ZBA if application for an 335 extension is submitted before the expiration of the then applicable variances period. 336 2. Submission of construction plans which are substantially similar to plans submitted for 337 this application. 338 339 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS,AND RESOLUTION OF THE TOWN 340 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: 341 Page 8 of 10 DRAFT 342 Motion by: Mary Stoe 343 Seconded by: Jack Young 344 Mary Stoe—Aye 345 Jack Young—Aye 346 Judy Drake—Aye 347 348 Motion to Re-open the Public Hearing for 173 Nut Ridge Road at 7:25 pm. 349 Motioned by: Jack Young Seconded by: Mary Stoe (Motion Carried) 350 351 Definition of'Dwelling Unit' discussion with the ZBA 352 Mahlon Perkins and Kathleen Doherty were present to discuss this project. 353 354 Summary of discussion 355 - Mr. Perkins explained why the structure should not be considered a dwelling unit. 356 - Mrs. Doherty explained the intended purpose of the structure. 357 - The Director of Planning reviewed the definitions of cabana, cabin or cottage, dwelling 358 unit, accessory structure, and habitable area. 359 - There are concerns with this decision setting precedent for future decisions. 360 - A condition of approval will be that the structure only be used as an accessory to the 361 primary structure. 362 363 Public Comments 364 - No public present. 365 366 Motion to Close Public Hearing for 173 Nut Ridge Road at 7:56pm. 367 Motion by: Jack Young Seconded by: Mary Stoe (Motion Carried) 368 369 Board Deliberation 370 - The Zoning Board of Appeals has determined that the structure be considered a cabin or 371 cottage, but not be considered a dwelling unit, per the definition. 372 373 Request for Extension of a Granted Variance 374 Request for Extension of a Granted Variance made by Adele Gay Nicholson, Owner and 375 Applicant, of 1 Maple Ave, Tax Parcel #26.-10-13.2 located in the Residential — Moderate 376 Density (R2) Zoning District for an Area Variance from Town of Lansing Land Use Ordinance 377 Section 504, Schedule II which requires a 60' minimum front yard setback from the center of 378 the road. Applicant was granted an Area Variance (19-09) on November 26, 2019 for the 379 requested 29' from the minimum yard setback requirement to facilitate placement of a carport 380 over an existing gravel parking space; Applicant was granted an Amended Area Variance (20-04) 381 to allow placement of a carport that is wider by 2'-6" with overhangs and with a different 382 aesthetic appearance. This is a Type II Action under the State Environmental Quality Review Act 383 6 NYCRR 617.5(c)(16). The above referenced appeal and its supporting documents are available 384 for inspection at https://Ifweb.tompkins- 385 co.org/WebLink/Browse.aspx?id=46258&dbid=7&repo=Lansing Page 9 of 10 DRAFT 386 387 Summary of Discussion: 388 - The Applicant explained why an extension is required. 389 390 Board Deliberation 391 - The Zoning Board agreed to extend the variance for two years. 392 393 Motion to Re-Open Variance 20-04. 394 Motion by: Mary Stoe Seconded by: Jack Young (Motion Carried) 395 396 Motion to Amend the expiration date of Variance 20-04 to August 5, 2023. 397 Motion by: Jack Young Seconded by: Mary Stoe (Motion Carried) 398 399 Chair Judy Drake adjourned meeting at 8:05 PM 400 401 Minutes taken and executed by Heather Dries Page 10 of 10